U.S. v. McCOY, CR413-007. (2015)
Court: District Court, S.D. Georgia
Number: infdco20151008979
Visitors: 8
Filed: Oct. 07, 2015
Latest Update: Oct. 07, 2015
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Defendant Chad Fitzgerald McCoy's Motion for Reconsideration. (Doc. 776.) In the motion, Defendant asks the Court to reconsider its earlier order (Doc. 774) denying his Motion Seeking Sentence Credit (Doc. 773) . After careful consideration, the Court finds no reason to disturb its prior order. This Court is unable to order the Bureau of Prisons ("BOP") to award Defendant the credit he seeks. See United States v. Wilson ,
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Defendant Chad Fitzgerald McCoy's Motion for Reconsideration. (Doc. 776.) In the motion, Defendant asks the Court to reconsider its earlier order (Doc. 774) denying his Motion Seeking Sentence Credit (Doc. 773) . After careful consideration, the Court finds no reason to disturb its prior order. This Court is unable to order the Bureau of Prisons ("BOP") to award Defendant the credit he seeks. See United States v. Wilson , ..
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ORDER
WILLIAM T. MOORE, Jr., District Judge.
Before the Court is Defendant Chad Fitzgerald McCoy's Motion for Reconsideration. (Doc. 776.) In the motion, Defendant asks the Court to reconsider its earlier order (Doc. 774) denying his Motion Seeking Sentence Credit (Doc. 773) . After careful consideration, the Court finds no reason to disturb its prior order. This Court is unable to order the Bureau of Prisons ("BOP") to award Defendant the credit he seeks. See United States v. Wilson, 503 U.S. 329 (1992) (holding that BOP determines credit issues, not district courts); United States v. Pineyro, 112 F.3d 43, 45 (2d Cir. 1997) (recognizing federal courts lack authority under § 3585 to order BOP to award credit); see also 18 U.S.C. § 3585(b) ("A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences . . . that has not been credited against another sentence." (emphasis added)). Accordingly, Defendant's motion (Doc. 776) is DENIED.
SO ORDERED
Source: Leagle
